Types of Warrants
Arrest Warrants
An arrest warrant is commonly issued when a crime has been committed which was not witnessed by law enforcement and there has been no arrest. It authorizes the immediate detention of the individual named on the warrant who has been identified as the suspect who most likely committed the crime. It's mandatory that an arrest warrant be issued and signed by a judge and supported by probable cause in order for it to be legally carried out.
The probable cause requirement comes from the Fourth Amendment of the U.S. Constitution. This legislation states that: "The right of the people to be free of unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, except based on probable cause. Typically, an officer presents evidence and facts in front of a judge to establish probable cause with the intent to obtain an arrest warrant. No heresay is allowed. Only tangible evidence can be considered. The facts and circumstances provided would have to lead a reasonable person to believe that the suspect has committed, or is about to commit a crime for an arrest warrant to be issued. The law officers requesting the warrant will have to sign an affidavit stating the facts are credible in order to conduct a search, seize property, or take an individual into custody. A judge will issue a warrant only if he/she believes there is enough evidence to support probable cause. Probable cause is necessary so that justice can be served and innocent people do not get wrongly arrested.
For a California arrest warrant to be legal and valid the following information must be listed on the warrant:
• Name of the person the warrant is for
• Crime for which he/she is being charged
• Time the warrant was issued
• City or county the warrant was issued in
• Bail amount if any
• Name of the court that issued the warrant.
Search Warrants
A search warrant is a warrant issued by a judge that gives law enforcement the authority to carry out a search of a person, location, property, or vehicle as part of an investigation into a criminal matter. The warrant must be specific naming the items to be searched or confiscated as well as the person and location to be investigated. If law enforcement seizes evidence other than what is outlined in the search warrant, that evidence found will not hold up in court.
It's important to note that search warrants have a time stamp on them. If the search warrant is not executed within the time frame specified on the search warrant, it will expire.If that happens, law enforcement needs to obtain another search warrant in order to legally carry out a search. The exception to this rule is, if the police believe that someone's life is in imminent danger and have probable cause, they can search a location with out a search warrant.
Criminal Warrants
We've already defined basic arrest warrants above. Other warrants which are considered arrest warrants are known as alias warrants and bench warrants. Alias warrants come into play when a person fails to appear in court after a citation has been issued. A judge has the right to issue a warrant under such circumstances if he/she deems it necessary. A bench warrant can also be issued if a person has been to court for a case and fails to appear for subsequent court hearings. In both of these cases the person who the warrant is for has not cooperated with the court system. That in itself is reason for a warrant. It's never a good idea to miss a court date because you will incur further trouble for yourself on top of the original incident.
If a person was let out of prison on bail and missed their court date, a bench warrant is issued. Once that person is rearrested and brought before the judge, the judge can raise the bail amount or revoke it completely. So. It's never a good idea to miss any court dates. If you can't make a court hearing it's imperative you contact your lawyer or the court system and try to work out other arrangements.
Extradition Warrant
You can have an extradition warrant against you if you were charged with a crime, escaped imprisonment, violated bail, broke probation or parole and fled the demanding state in which an alleged crime or violation occurred. You will be subject to surrender from California in order to answer for the crime in the other state.
According to California Penal Code section 1548.1, it's mandatory that the Governor of California cooperate with an extradition arrest warrant from any other state in the U.S. That means California's law enforcement officers are legally authorized to arrest you, then deliver you to the sate requesting and holding the extradition warrant. If you fled to California to hide from the authorities from the state in which you committed the crime, law enforcement in California must turn you over to the requesting state once you have been arrested. Before that happens, law officers in California must first validate that the charges against you are credible and that you are indeed the person named on the extradition warrant.
Civil Warrants
Civil warrants are issued in relation to small claims court cases involving civil suits of a non-criminal matter such as repossessing property or monetary damages. Civil warrants are generally issued for a specific jurisdiction unlike arrest warrants which cover the whole state. A civil warrant requires an individual to appear in court for a civil case to resolve the incident between two parties. In many instances the civil warrant is not strictly enforced since it's not a criminal case. Instead, the individual who failed to appear for the court date loses the case and the other party automatically wins the civil judgment. The civil warrant will then be considered served and is closed with the court system. Even though the warrant is closed, a judge can still hold the person who didn't appear in court accountable and issue a civil warrant.
Traffic Citation Warrants
Citation warrants are issued in regards to traffic violations or traffic infractions that have gone unpaid. When you receive a traffic ticket from a police officer, you can either plead guilty and pay the fine, or arrange for a court hearing to contest the violation. If you do not pay the fine or contest it, a traffic citation warrant may be issued against you.
Many people are surprised to find out they can get arrested for not paying traffic fines. Serious traffic offenses as well as parking tickets which have not been paid can result in a traffic warrant. If you have any outstanding traffic tickets it's advisable to pay them as soon as possible. You don't want to get arrested for something as simple as having too many unpaid tickets. Also, the longer you do not pay a ticket, the more fees will be accrued.
Arrest Warrants
An arrest warrant is commonly issued when a crime has been committed which was not witnessed by law enforcement and there has been no arrest. It authorizes the immediate detention of the individual named on the warrant who has been identified as the suspect who most likely committed the crime. It's mandatory that an arrest warrant be issued and signed by a judge and supported by probable cause in order for it to be legally carried out.
The probable cause requirement comes from the Fourth Amendment of the U.S. Constitution. This legislation states that: "The right of the people to be free of unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, except based on probable cause. Typically, an officer presents evidence and facts in front of a judge to establish probable cause with the intent to obtain an arrest warrant. No heresay is allowed. Only tangible evidence can be considered. The facts and circumstances provided would have to lead a reasonable person to believe that the suspect has committed, or is about to commit a crime for an arrest warrant to be issued. The law officers requesting the warrant will have to sign an affidavit stating the facts are credible in order to conduct a search, seize property, or take an individual into custody. A judge will issue a warrant only if he/she believes there is enough evidence to support probable cause. Probable cause is necessary so that justice can be served and innocent people do not get wrongly arrested.
For a California arrest warrant to be legal and valid the following information must be listed on the warrant:
• Name of the person the warrant is for
• Crime for which he/she is being charged
• Time the warrant was issued
• City or county the warrant was issued in
• Bail amount if any
• Name of the court that issued the warrant.
Search Warrants
A search warrant is a warrant issued by a judge that gives law enforcement the authority to carry out a search of a person, location, property, or vehicle as part of an investigation into a criminal matter. The warrant must be specific naming the items to be searched or confiscated as well as the person and location to be investigated. If law enforcement seizes evidence other than what is outlined in the search warrant, that evidence found will not hold up in court.
It's important to note that search warrants have a time stamp on them. If the search warrant is not executed within the time frame specified on the search warrant, it will expire.If that happens, law enforcement needs to obtain another search warrant in order to legally carry out a search. The exception to this rule is, if the police believe that someone's life is in imminent danger and have probable cause, they can search a location with out a search warrant.
Criminal Warrants
We've already defined basic arrest warrants above. Other warrants which are considered arrest warrants are known as alias warrants and bench warrants. Alias warrants come into play when a person fails to appear in court after a citation has been issued. A judge has the right to issue a warrant under such circumstances if he/she deems it necessary. A bench warrant can also be issued if a person has been to court for a case and fails to appear for subsequent court hearings. In both of these cases the person who the warrant is for has not cooperated with the court system. That in itself is reason for a warrant. It's never a good idea to miss a court date because you will incur further trouble for yourself on top of the original incident.
If a person was let out of prison on bail and missed their court date, a bench warrant is issued. Once that person is rearrested and brought before the judge, the judge can raise the bail amount or revoke it completely. So. It's never a good idea to miss any court dates. If you can't make a court hearing it's imperative you contact your lawyer or the court system and try to work out other arrangements.
Extradition Warrant
You can have an extradition warrant against you if you were charged with a crime, escaped imprisonment, violated bail, broke probation or parole and fled the demanding state in which an alleged crime or violation occurred. You will be subject to surrender from California in order to answer for the crime in the other state.
According to California Penal Code section 1548.1, it's mandatory that the Governor of California cooperate with an extradition arrest warrant from any other state in the U.S. That means California's law enforcement officers are legally authorized to arrest you, then deliver you to the sate requesting and holding the extradition warrant. If you fled to California to hide from the authorities from the state in which you committed the crime, law enforcement in California must turn you over to the requesting state once you have been arrested. Before that happens, law officers in California must first validate that the charges against you are credible and that you are indeed the person named on the extradition warrant.
Civil Warrants
Civil warrants are issued in relation to small claims court cases involving civil suits of a non-criminal matter such as repossessing property or monetary damages. Civil warrants are generally issued for a specific jurisdiction unlike arrest warrants which cover the whole state. A civil warrant requires an individual to appear in court for a civil case to resolve the incident between two parties. In many instances the civil warrant is not strictly enforced since it's not a criminal case. Instead, the individual who failed to appear for the court date loses the case and the other party automatically wins the civil judgment. The civil warrant will then be considered served and is closed with the court system. Even though the warrant is closed, a judge can still hold the person who didn't appear in court accountable and issue a civil warrant.
Traffic Citation Warrants
Citation warrants are issued in regards to traffic violations or traffic infractions that have gone unpaid. When you receive a traffic ticket from a police officer, you can either plead guilty and pay the fine, or arrange for a court hearing to contest the violation. If you do not pay the fine or contest it, a traffic citation warrant may be issued against you.
Many people are surprised to find out they can get arrested for not paying traffic fines. Serious traffic offenses as well as parking tickets which have not been paid can result in a traffic warrant. If you have any outstanding traffic tickets it's advisable to pay them as soon as possible. You don't want to get arrested for something as simple as having too many unpaid tickets. Also, the longer you do not pay a ticket, the more fees will be accrued.
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